S279-2013 Actions

• Jan 9, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S279-2013 Memo

BILL NUMBER:S279

TITLE OF BILL:
An act
to amend the military law, in relation to granting public officers and
employees paid military leave for sixty total days or forty-four working
days

PURPOSE:
This legislation would amend the Military Law to extend the period of
time for which a public officer or employee shall be paid their salary
or other compensation during periods of absence while they are
engaged in the performance of ordered military duty not exceeding
sixty days or forty-four working days, whichever is greater.

SUMMARY OF PROVISIONS:
This legislation would amend Section 242(5) of the Military Law to
increase paid leave when a public officer or employee is engaged in
the performance of military duty from thirty to sixty calendar days
and from twenty-two to forty-four working days, whichever is greater.

JUSTIFICATION:
Due to the war effort there are now thousands more National Guard and
Reserve personnel who require, and are undergoing military training.
This has extended the amount of time required to train military
personnel past the originally allotted 22 working days. However, the
MTA and most employers, refuse to honor anything past 22 working
days, and won't cover the increase in training hours, in their pay.
As a result, when an employee has exhausted both their calendar and
working day balances, the only way they can receive pay for ordered
military leave is to use up their vacation, AVA's and personal leave
days.

A solution to this problem would be to extend the currently covered
leave period, to something greater than 22 working days. This bill
would extend the current leave time from 22 working days to 44
working days, with a possible extension of up to 60 calendar days of
leave, whichever is greater.

This would, if enacted, ameliorate the current situation, where
members ordered to Military Duty, and who require more leave days for
military training, would receive adequate compensation.

LEGISLATIVE HISTORY:
2011-2012: S.4440 Reported from Veterans, Homeland Security, and
           Military Affairs.  Reported to Finance

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S279-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          279
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sens.  LARKIN, ADDABBO, AVELLA -- read twice and ordered
 printed, and when printed to be committed to the Committee  on  Veter
 ans, Homeland Security and Military Affairs
 AN  ACT  to amend the military law, in relation to granting public offi
 cers and employees paid military leave for sixty total days or  forty
 four working days
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 5 of  section  242  of  the  military  law,  as
 amended  by  chapter  161  of  the  laws  of 1984, is amended to read as
 follows:

 5. Pay for military duty. Every public officer or  employee  shall  be
 paid his salary or other compensation as such public officer or employee
 for  any  and all periods of absence while engaged in the performance of
 ordered military duty, and while going to and returning from such  duty,
 not  exceeding a total of [thirty] SIXTY days or [twenty-two] FORTY-FOUR
 working days, whichever is greater, in any one  calendar  year  and  not
 exceeding  [thirty]  SIXTY days or [twenty-two] FORTY-FOUR working days,
 whichever is greater, in any one continuous period of such absence.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01357-01-3

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